Health Waivers

The Australian visa system have very specific and strict regulations regarding meeting health requirements by visa applicants.
I most circumstances, visa applicant must undergo medical examinations to ensure they do not present any health condition that could represent a high cost in treatments and medical expenses.
Australia has a universal health care system, which means that any person holding Citizenship or Permanent Residency has access to Medicare universal health insurance scheme.

For this reason, the Department of home Affairs has the strictest medical vetting when it comes to Permanent visa applications to ensure that applicants would not represent a high cost to this public scheme.
Medical examinations are a requirement that must be met before the visa decision is made. Doctors and physicians authorised by the Department both, in and outside Australia will send the results in strict confidentiality to the Department of Home Affairs.
Should a condition be present, the Department will notify the visa applicant that the are concerns about their health. This could potentially mean that the visa can be refused under health grounds.

For most temporary visas, decision makers from the Department of Home Affairs will have the power to exercise what is call a ‘Health Waiver’. This is the ability to approve a visa even when a medical condition exists. This is called condition 4007.
Normally, the case officer will give the opportunity to the visa applicant to comment on the health condition they have and why they should exercise the power to waive the health requirement. This means that a person cannot apply directly for a health waiver, but instead, it is an initiative from the Department of Home Affairs delegate.

For most Permanent Visas there is no health waiver. In cases where a visa applicant does not meet the health requirement, the Department of Home Affairs will notify the applicant about the existing reasons to refuse the visa under health grounds. This condition is called 4005
In these cases, the applicants will be given the opportunity to comment on the conditions they have been found to have. Since there is no health waiver as such, the visa applicant will have to demonstrate that this condition will not represent a burden to the Australian funds dedicated to providing healthcare to the community by having a significant cost.

There are specific thresholds that will serve as the cost limit a person will incur to treat the health condition. This significant cost is currently sitting at AUD $51,000 in the period of 5 years. If a health condition will require to spend the threshold for it to be treated means that it will not
pass the health requirement. This is regardless of the applicants having private health insurance that would cover the cost of their
health condition.

The aim is to demonstrate to the Department of Home Affairs that the health condition will cost less than AUD $51,000 for the 5-year period.
While it might not seem easy, there have been plenty of cases where Crystal Migration have achieved a positive outcome in complicated visa application where health conditions have been found.

Recent case conducted by Crystal Migration

Our client had a history of ulcerative colitis and is in clinical remission receiving Entyvio Therapy subcutaneously, once a fortnight.

The applicant had been clinically well, works full-time and attends specialist appointments on a 6-month basis for follow ups. The applicant last had a flare of symptoms in 2019 and has been in clinical remission for the last 3 years. According to the specialist report provided from the Gastroenterologist, the applicant’s prognosis is excellent provided that they continue with usual therapies.

Particulars:
– Client is employed and has a salary of $100 K plus
– Client has been diagnosed with Ulcerative Colitis. We included a specialist report
– Client has lodged an application for 186 visa – TRT Stream

With our submission, we put forth evidence that the client would not incur in medical expenses for more than the current AUD $51,000 threshold in the next 5 years.
The result has been that the visa was approved.